Every crime in California consists of "elements." These are facts the prosecutor must prove to make a case in court. In this section, we break down each crime into its elements. Then we discuss the best ways to fight the charge, and the penalties that stem from a conviction.

If you got charged with a crime, check the documents for the code section you are accused of violating. Then find our page addressing that code section. We will explain the law, potential penalties, and how best to fight the charge.

All crimes in Nevada consist of "elements." An element is a fact that the prosecutor must prove beyond a reasonable doubt for the defendant to be convicted. In this section, our Nevada criminal defense attorneys discuss the elements of each crime. Then we explain effective ways to defend against the charge, and what penalties a conviction may carry.

Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.

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Whether it is a fake Rolex watch, a pirated CD or DVD, or any other imitation or unauthorized product, selling counterfeit goods in San Francisco is a violation of California law and can get you arrested and charged with a crime.

California Penal Code Section 350 prohibits the manufacturing, sale, or possession for sale of counterfeit “marks,” which are marks that are:

“identical with, or confusingly similar to,” a mark registered with the California Secretary of State or U.S. Patent and Trademark Office and

“is used, or intended to be used, on or in connection with the same type of goods or services for which the genuine mark is registered.”

A counterfeit mark on a product could include not only a name like “Gucci” or “Dolce & Gabbana,” but also symbols like the Nike “swoosh” or distinctive designs and shapes. Additionally, the mark doesn't need to be displayed on the outside of the product to be a violation of the law.

The penalties upon conviction for a violation Section 350 are largely dependent on the quantity and fair market value of the legitimate goods or articles at issue.

Less than 1,000 articles:

If the accused is an individual and if the total retail or fair market value is less than that required for grand theft as defined in Section 487 ($950 or less), the punishment can be a fine of up to $10,000 and/or up to a year in San Francisco jail.

If the accused is a business entity, it can be fined up to $200,000. (Penal Code Sec. 350(a)(1))

1,000 articles or more:

If the accused is an individual and if the total retail or fair market value is equal to or greater than that required for grand theft as defined in Section 487 (more than $950), the punishment can be a fine of up to $500,000 and/or up to a year or 16 months, or two or three years in San Francisco jail.

If the accused is a business entity, it can be fined up to $1,000,000. (Penal Code Sec. 350(a)(2))

The penalties are greater for subsequent offenses.

Additionally, if the counterfeit product “directly and foreseeably caused death or great bodily injury to another through reliance on the counterfeited item for its intended purpose” an accused individual shall be punished by a fine of up to $100,000 and/or by imprisonment for two, three, or four years. (Penal Code Sec. 350(c)).

On top of the fines and jail time, a conviction for selling or manufacturing counterfeit goods in San Francisco can also result in the forfeiture and destruction of the goods, forfeiture of any proceeds from the sale of the goods, and the payment of restitution to the company whose goods were copied. (Penal Code Sec. 350(d)(1), (d)(3), and (i)).

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